Welcome to AcousticalPyramid.com. These Terms of Use (“Terms”) apply to your use of our website, www.AcousticalPyramid.com and our other related mobile websites, social media, services, tools, and other applications (collectively, the “Site”). Thank you for visiting and learning more about the Acoustical Pyramid!
It is important to us that you, and our other visitors, have a special experience while using the Site and that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms as the legally binding terms to govern your use of this Site. Please read these Terms carefully before using the Site, because they affect your legal rights and obligations (e.g., requiring arbitration and no class relief and limiting our liability).
Contents & Summary
You Accept These Terms
Each time you access and/or use the Site, you agree to be bound by these Terms and any additional terms that will apply to you
Updates to Terms
These Terms and additional terms posted on this Site at each time of use apply to that use, prospectively. You agree that we may provide notice to you of updated terms by posting them on the Site.
Legal Capacity
You represent that you have the legal capacity to enter into the agreement set out in these Terms.
You Must Provide Accurate Information
The information you submit to the Site must be correct. We can refuse access to the Site if we learn that information you have provided is inaccurate.
Online Privacy Notice
You agree to the terms of our Privacy Policy.
Disclaimer of Warranties
We disclaim warranties and provide the Site “As Is.”
Limitation of Liability
Our liability is limited.
Trademarks and Copyrights
This Site is protected by copyrights, patents, trade secrets, or other proprietary rights.
Permitted Uses
We only grant you a limited revocable license to use the Site for your own non-commercial use subject to rules and limitations.
Forums
We are not responsible for information you post on our Site.
Product Specifications; Pricing; Typographical Errors
We do not warrant that product specifications, pricing, or other content on the Site is error-free. In the event of any errors relating to the pricing or specifications, AcousticalPyramid.com reserves the right to correct or cancel orders.
Responsible Use of Site
You may only use the Site for lawful purposes.
House Rules
You may not post material that defames others or is otherwise unlawful and harmful.
Release
You release us from any claims relating to third-parties.
Indemnity You will indemnify and hold AcousticalPyramid.com harmless for material you post.
System Abuse
You may not abuse the system.
Security
Your usernames and passwords for this Site are for your use only and you are responsible for their security.
Violation of Security Systems
You may not tamper with the system for this Site or the accounts of others.
Investigations AcousticalPyramid.com reserves the right to investigate suspected violations of these Terms.
Service
To use this Site, you must obtain access to the Internet and pay any related fees to access the Internet. We are not responsible for your access to the Site.
Reservation of Rights AcousticalPyramid.com or Applied Resonance Systems, Inc. may modify or discontinue this Site at any time.
Proprietary Online Services
Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such service.
Jurisdictional Issues
The Site is designed to provide information regarding products in the United States and other locations around the world.
How to Contact Us
Applied Resonance Systems, Inc. owns and operates this Site. You can contact us at Allen@AcousticalPyramid.com.
General
If any portion of this agreement is deemed unenforceable, the remaining provisions will survive.
Full Details of Terms of Service
You Accept These Terms
If you do not agree with any of these Terms, including the Privacy Policy incorporated here, please do not use this Site. By using this Site, you will be deemed to have irrevocably agreed to these Terms. Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding use of this Site, unless otherwise expressly stated.
Updates to Terms
Please note that these Terms may be revised and reissued, prospectively, by posting updated terms on this Site. You consent and agree to receive notices of updates to these Terms through our posting of updated Terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
Legal Capacity
This is a general audience Site for adults. We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
The Information You Give Us Must Be Correct
To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources and to terminate or suspend your account.
Online Privacy Notice
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used on this Site.
Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, AcousticalPyramid.com AND APPLIED RESONANCE SYSTEMS, INC. AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF AcousticalPyramid.com AND APPLIED RESONANCE SYSTEMS, INC. DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT. AcousticalPyramid.com AND APPLIED RESONANCE SYSTEMS, INC. DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AcousticalPyramid.com AND APPLIED RESONANCE SYSTEMS, INC. DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. AcousticalPyramid.com AND APPLIED RESONANCE SYSTEMS, INC. MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND AcousticalPyramid.com AND APPLIED RESONANCE SYSTEMS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF
SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability AcousticalPyramid.com AND APPLIED RESONANCE SYSTEMS, INC. DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF AcousticalPyramid.com AND APPLIED RESONANCE SYSTEMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF AcousticalPyramid.com AND APPLIED RESONANCE SYSTEMS, INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Trademarks and Copyrights This Site and materials incorporated by AcousticalPyramid.com and Applied Resonance Systems, Inc. on this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos, or other images incorporated by AcousticalPyramid.com and Applied Resonance Systems, Inc. on this Site are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by AcousticalPyramid.com and Applied Resonance Systems, Inc. or others (“Trademarks”). AcousticalPyramid.com and Applied Resonance Systems, Inc. respect the intellectual property rights of others and asks users of this Site to do the same.
Your Use of Material
Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.
You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single device (e.g., computer, tablet or mobile) only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by AcousticalPyramid.com and Applied Resonance Systems, Inc. Any authorization to copy Material granted by AcousticalPyramid.com and Applied Resonance Systems, Inc. in any part of this Site for any reason is restricted to making a
single copy for non-commercial, personal, entertainment use on a single device only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
Forums
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, COMMENT SECTIONS, COMMUNITY PAGES, OR OTHER FORUMS ON THIS SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF AcousticalPyramid.com AND APPLIED RESONANCE SYSTEMS OR CONTENT PROVIDERS. AcousticalPyramid.com AND APPLIED RESONANCE SYSTEMS, INC. DO NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF AcousticalPyramid.com AND APPLIED RESONANCE SYSTEMS. AcousticalPyramid.com AND APPLIED RESONANCE SYSTEMS MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN AcousticalPyramid.com AND APPLIED RESONANCE SYSTEMS’S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
Product Specifications; Pricing; Typographical Errors
We do our best to describe every product or service offered on this Site as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Site is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, AcousticalPyramid.com and Applied Resonance Systems, Inc. shall have the right to correct, refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply. Changes or cancelations of any purchase should be made through the AcousticalPyramid.com site and we are not responsible for and changes or cancelations that are made from a third-party payment site. If a product you purchased from AcousticalPyramid.com and Applied Resonance Systems, Inc. is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging. If the issue is with digital media, please contact us for help at Allen@AcousticalPyramid.com.
Responsible Use of Site
Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third-party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand
and agree that all materials publicly posted or privately transmitted on or through this Site are the sole responsibility of the sender, not AcousticalPyramid.com and Applied Resonance Systems, Inc., and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Site.
House Rules AcousticalPyramid.com and Applied Resonance Systems, Inc. reserve the right, in our sole discretion, to monitor and screen all User Content submitted to the Site and may bar the posting or remove any User Content that, in our sole discretion, violates these Terms, including the House Rules or any Additional Terms, or that we otherwise find objectionable.
In addition, you are prohibited from removing any sponsorship banners or other material inserted by AcousticalPyramid.com and Applied Resonance Systems, Inc. anywhere on this Site (e.g., on any web space made available for your use).
Release
If you have a dispute with one or more users (including merchants), you release us (and our parent companies, affiliates and subsidiaries, and their respective officers, directors, employees, and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Indemnity You agree to indemnify and hold harmless AcousticalPyramid.com and Applied Resonance Systems, Inc. and its officers, directors, employees, agents, distributors, and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, from your placement or transmission of any content onto AcousticalPyramid.com and Applied Resonance Systems, Inc.’s servers and/or from any and all use of your account.
System Abuse
Without limitation, you agree not to send, create, or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person, including placing malware on the Site.
You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource, contained on this Site.
Security
Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). AcousticalPyramid.com and Applied Resonance Systems, Inc. shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that AcousticalPyramid.com and Applied Resonance Systems, Inc. considers insecure, AcousticalPyramid.com and Applied Resonance Systems, Inc. will be entitled to require this to be changed and/or terminate your account.
Violation of Security Systems
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, AcousticalPyramid.com and Applied Resonance Systems, Inc. reserve the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
Investigations AcousticalPyramid.com and Applied Resonance Systems, Inc. reserve the right to investigate suspected violations of these Terms, including without limitation, any violation arising from any submission, posting or emails you make or send to any Forum. AcousticalPyramid.com and Applied Resonance Systems, Inc. may seek to gather information from the user who is suspected of violating these Terms and from any other user. AcousticalPyramid.com and Applied Resonance Systems, Inc. may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If AcousticalPyramid.com and Applied Resonance Systems, Inc. believe, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. AcousticalPyramid.com and Applied Resonance Systems, Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing AcousticalPyramid.com and Applied Resonance Systems, Inc. to disclose the identity of anyone posting any emails, or publishing or otherwise
making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF AcousticalPyramid.com AND APPLIED RESONANCE SYSTEMS, INC. FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF AcousticalPyramid.com AND APPLIED RESONANCE SYSTEMS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF AcousticalPyramid.com AND APPLIED RESONANCE SYSTEMS OR LAW ENFORCEMENT AUTHORITIES.
Service
In order to use this Site, you must obtain access to the Internet and possibly pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the Internet (including a computer, modem, mobile device, tablet, and/or other access devices).
Reservation of Rights AcousticalPyramid.com and Applied Resonance Systems, Inc. reserve the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities, and services on this Site, with or without notice and/or to establish general guidelines and limitations on their use.
Proprietary Online Services
Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
Jurisdictional Issues
The Materials and all other content in this Site are presented for the purpose of providing information regarding products or services available in the United States and elsewhere.
How to Contact Us This Site is controlled and operated by AcousticalPyramid.com and Applied Resonance Systems, Inc. located at PO Box 2063, Flint, TX 75762. Please forward any comments or complaints about the Site, as well as any questions regarding privacy, to Allen@AcousticalPyramid.com.
General
If any provision of these Terms are adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and any questions regarding privacy relating to the matters contained here and the Site.